Citation : 2023 Latest Caselaw 4176 Ker
Judgement Date : 31 March, 2023
WP(C) No.11691/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 31st day of March 2023 / 10th Chaithra, 1945
WP(C) NO. 11691 OF 2023(J)
PETITIONER:
RAMESH BABU.K, AGED 48 YEARS, S/O. LATE. KUNJU, MANKARA HOUSE,
KOTTEKKAD P.O, PALAKKAD TALUK, PALAKKAD DISTRICT., PIN - 678732
RESPONDENTS:
1. THE DISTRICT NIRMITHI KENDRA,MUTTIKULANGARA, PUDUPPARIYARAM I
VILLAGE, MUTTIKULANGARA P.O, PALAKKAD TALUK, PALAKKAD DISTRICT,PIN -
678594. REPRESENTED BY ITS EXECUTIVE SECRETARY.
2. THE MEMBER SECRETARY, DISTRICT NIRMITI KENDRA, PALAKKAD
MUTTIKULANGARA P.O, PALAKKAD TALUK, PALAKKAD DISTRICT., PIN - 678594
3. THE DISTRICT COLLECTOR, PALAKKAD COLLECTORATE, CIVIL STATION P.O,
PALAKKAD DISTRICT., PIN - 678001
4. HARIDAS.C, AGED 43 YEARS, S/O. LATE. CHAMIYAR, MANAGING PARTNER,
M/S. B & H CONSTRUCTION AND DEVELOPERS, REG.NO.4565/2019, DOOR
NO.17/560(3), BEHIND CIVIL STATION, KALLEKKAD P.O, PALAKKAD
DISTRICT., PIN - 678001
5. M/S. B & H CONSTRUCTION AND DEVELOPERS REG.NO.4565/2019, DOOR
NO.17/560(3), BEHIND CIVIL STATION, KALLEKKAD P.O, PALAKKAD
DISTRICT., PIN - 678001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim order restraining respondents 1 to 3 from
disbursing any amount to respondents 4 and 5 until the liability in
Exhibit-P7 judgement is discharged.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. JACOB SEBASTIAN, WINSTON K.V, ANU JACOB, DIVYA R. NAIR Advocates for
the petitioners, GOVERNMENT PLEADER for R3, the court passed the
following:
WP(C) No.11691/2023 2/3
ORDER
Learned Counsel for the petitioner is directed to take out notice to respondents 1, 2, 4 and 5 by special messenger. Learned Government Pleader takes notice for the 3rd respondent.
There will be a direction to respondents 1 and 2 not to release the amounts due to respondents 4 and 5 for a period of two weeks.
Post on 11-04-2023.
Sd/- SHAJI P.CHALY JUDGE
31-03-2023 /True Copy/ Assistant Registrar
WP(C) No.11691/2023 3/3
APPENDIX OF WP(C) 11691/2023
Exhibit-P7 A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
DATED 29.09.2022 IN W.P.(C) NO.19260/2022
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